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memorize.ai (lvl 286)

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Section 1

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How successful is the insanity defense and how often it's used?

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Last updated

6 years ago

Date created

Mar 1, 2020

Cards (28)

Section 1

(28 cards)

How successful is the insanity defense and how often it's used?

Front

Less than 1% Attempted 23% of those succeed And Hospital time is about the same time as prison time in most cases

Back

Control question test

Front

a polygraph technique in which the subject is asked a question that elicits an emotional response

Back

adjudicative competence

Front

the legal capacities necessary for a defendant to stand trial or otherwise resolve criminal charges Be able to stand in court

Back

quid pro quo sexual harassment

Front

takes place when sexual threats or bribery are made a condition of employment decisions

Back

Dusky v. United States

Front

Competence to stand trial decision- outlined criteria for competence in criminal cases

Back

positive inducements

Front

motivate the suspect to see that an admission is in his or her best interest

Back

What is meant by competence in the criminal Justice process?

Front

Adjudicative competence entails having a sufficient present ability to consult with ones attorney with a reasonable degree of rational understanding and with a rational, as well as factual, understanding of the proceedings. The same standard is applied to the questions if whether a defendant is competent to plead guilty and whether a defendant is competent to stand trial, so the phrase "competentcy to stand trial" is often used to refer to the entire process of disposition of charges, not merely the trial.

Back

What is the legal definition of insanity?

Front

Two rules The M'Naghten Rule: Knowing the difference between right and wrong. 29 states plus federal jurisdiction use some form of this rule. The Brawner rule: a person is not responsible for criminal acts if, as a result of mental disease or defect, the person lacked "substantial capacity either to appreciate the criminality if his conduct or to confirm his conduct to the requirements of the law" 18 states use this rule 5 states outlawed insanity defense

Back

Control Question Test (cons)

Front

High number of false positive Can be easily manipulated to fail and many signs are just from stress as opposed to lying

Back

negative incentives

Front

incentives that encourage action by punishing undesirable behavior

Back

prosecutorial discretion

Front

the prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright

Back

Ultimate opinion testimony

Front

testimony that offers a conclusion about the specific defendant or a specific witness, in contrast to testimony about a general phenomenon.

Back

M'Naghten Rule

Front

A 19th century case that gave us our modern interpretation of insanity. Test for insanity. Decide if the person knows right from wrong

Back

illusory causation

Front

the inaccurate perception that two variables are causally related

Back

Brawner Rule

Front

eliminated the knowing right from wrong to the capacity to appreciate the difference between the two used in insanity cases

Back

What is the scope of forensic psychology?

Front

Forensic psychology is a specialty that involves the application of knowledge and techniques from behavioral sciences to answer questions about individuals involved in legal proceedings. the range of topics about which psychological and psychiatric experts are asked to testify continues to grow, facilitated by the development of scientific research and specialized forensic assessment measures.

Back

Daubert Standard

Front

A test of scientific acceptability applicable to the gathering of evidence in criminal cases.

Back

fundamental attribution error

Front

the tendency to attribute others' behaviors to internal rather than external causes

Back

What are the major criticisms is the insanity defense, and what attempts have been made to reform it?

Front

Early Release of NGRI (not guilty by reason of insanity) Reliability and Validity of assessments of insanity Insanity defense Reform Act time in hospital and then prison Diminished-capacity plea, partial defense based on mental health conditions

Back

Guilty knowledge test (cons)

Front

The number of questions employed. - third person party knowledge and other media factors The relevance of the information to the guilty person. - If the person didn't know about the thing being asked

Back

functional magnetic resonance imaging (fMRI)

Front

method of studying brain activity by using magnetic fields to track blood flow in the brain

Back

Guilty knowledge test

Front

polygraph procedure involving testing people with knowledge only a guilty person could know

Back

reverse transfer

Front

when juveniles placed in adult court are returned to juvenile court

Back

Evidence Ploys

Front

used in criminal interrogations false information about their guilty suspects which can apparently cause them to doubt their memories and rely on external sources to infer what happened

Back

How do clinicians asses competence?

Front

When a mental health professional asses a defendants competency, they should use one of several specialized instruments designed specifically for the purpose of evaluating how well a defendant understands the charges and potential proceedings. these specific test and interviews have made competency more reliable, valid, and useful. Competency evaluations are sometimes complicated by such factors as malingering, amnesia, and the problem of whether incompetent defendants can be treated again their will. Other competency issues (eg. competency to refuse insanity defense and competency to be sentenced) can side at different points in the criminal process.

Back

Internalized False confessions

Front

profound dis trust of own memory and then the story of what happened is credible in the one being interrogated

Back

voluntary false confessions

Front

self-incriminating statements that are offered to police without external pressure

Back

borderline personality disorder

Front

condition marked by extreme instability in mood, identity, and impulse control

Back